Imputation of Negligence (comm law)

Question 1

rules carry out in C/F systems

Answer 1

where the negligence of one party is imputed, or is not imputed, both for purposes of defendant’s negligence and for purposes of plaintiff’s contributory negligence

Question 2

imputation is strict

Answer 2

meaning it derives from the existence of the relationship only, and not from any fault of the imputee.

Question 3

Negligence typically is imputed in case of these relationships, when the negligence occurs within the scope of the relationship

Answer 3

(1) employment (you have already seen this, through respondeat superior),
(2) joint enterprise (e.g., business partnership), and
(3) “consequential damages,” i.e., when a party’s position in litigation is based on a financial or consortium interest in the negligent party (usually imputation of contributory negligence).

Question 4

consequential damages

Answer 4

refers to the situation when the plaintiff’s recovery is dependent upon a financial or consortium interest in the injured party, for example when a husband seeks loss of consortium damages upon negligently inflicted injury to his wife. The husband’s recovery is limited by the wife’s contributory negligence or comparative fault

Question 5

Negligence typically is not imputed in case of these relationships, barring operation of one of the imputation rules above

Answer 5

(1) spouse-spouse,
(2) parent-child (though bear in mind that the parent might still be financially responsible for the child’s debts by state law),
(3) personal property bailee-bailor (e.g.., coat checker-coat owner), and
(4) vehicle driver-passenger.

Question 6

Common law imputation rules are often varied by statute

Answer 6

for example to create (imputed fault-based, not merely financial) liability in the parent of a minor driver.